logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.11.21 2017가단530065
매매대금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Summary of the parties' arguments

A. The plaintiffs A are the owners of the land and F-owned land, and the plaintiffs B are the owners of the share in G land, since the administrative district of all land is identical to Driri (hereinafter referred to as "administrative district of all land", and it is the owner of the share in G land.

(B) On January 19, 2017, the Plaintiffs purchased the instant equity ownership in KRW 135,600,000 from the Plaintiffs through J in order to secure access roads to the said development site, and paid KRW 125,60,000 to the Plaintiffs a down payment of KRW 10 million, and the remainder of KRW 125,60,000 for the development permission was paid within 30 days after acquisition of the development permission.

The defendant obtained permission to engage in development activities on June 9, 2017 with respect to H land, and is obligated to pay the remaining purchase price of KRW 125,60,000 and delay damages to the plaintiffs.

B. The Defendant did not purchase the instant shares from the Plaintiffs, and the Plaintiffs did not know the “J” claiming that they are the Defendant’s agents, and did not grant their power of representation to conclude a sales contract. Therefore, the said share sales contract is null and void as an act of unauthorized representation.

2. The fundamental issue of the instant case is whether the J has the authority to conclude a sales contract on behalf of the Defendant for the Defendant.

In full view of the following facts: Gap 2, 4, 6 evidence, Eul 2 through 4 (including paper numbers), and Eul 2 through 4 (including paper numbers), the defendant invested KRW 100 million in relation to the development of H and I land by solicitation of L, etc., the defendant completed the registration of ownership transfer of each of the above land in the defendant's name, and in order to conduct the development activities of H and I land, the plaintiffs, etc. are access roads for each of the above land.

arrow